MA PO CHIM AND OTHERS v. MAR LOK SHAN AND OTHERS

On the evidence the court was satisfied that the deceased had testamentary capacity when the 1986 English Will was executed, that the will's contents were interpreted and explained to him and brought home to his mind, and that there was no proof of undue influence; accordingly the 1986 English Will was held to be the deceased's last will and admitted to probate, revoking the 1985 Chinese Will.

Citation: MA PO CHIM AND OTHERS v. MAR LOK SHAN AND OTHERS
Parties: 1st Plaintiff (original Action); 1st Defendant (counterclaim): Ma Po-chim; 2nd Plaintiff (original Action); 2nd Defendant (counterclaim): Joan Ma; 3rd Plaintiff (original Action); 3rd Defendant (counterclaim): Ma Chiu-wan; 4th Plaintiff (original Action) (minor Suing by Father and Next Friend Ma Chiu Wan): Ma Leung-ho; 5th Plaintiff (original Action) (minor Suing by Father and Next Friend Ma Chiu Wan): Ma Hung-choi; 6th Plaintiff (original Action) (minor Suing by Father and Next Friend Ma Chiu Wan): Ma Sheung-man; 7th Plaintiff (struck Out) (original Action); 7th Defendant (counterclaim) Appearing in Person: Ma Pit-chee; 8th Plaintiff (original Action): Ma Fei-fei; 1st Defendant (original Action); 1st Plaintiff (counterclaim): Mar Lok-shan; 2nd Defendant (original Action); 2nd Plaintiff (counterclaim) (minor Suing by Mother Chan Cheuk Fong): Mar King-tong; 3rd Defendant (original Action); 9th Defendant (counterclaim) Appearing in Person: Ma Chiu-kwan; 4th Defendant (original Action); 10th Defendant (counterclaim) Absent: Ma Wai-leung; 5th Defendant (original Action); 11th Defendant (counterclaim) Absent: Ma Mei-lin; 6th Defendant (original Action); 12th Defendant (counterclaim) Absent: Ma Mei-ping; 7th Defendant (original Action); 13th Defendant (counterclaim) Absent: Ma Mei-chun; 8th Defendant (original Action); 14th Defendant (counterclaim) Absent: Ma Chiu-tsan; 9th Defendant (original Action); 15th Defendant (counterclaim) Absent: Ma Chi-wai; 10th Defendant (original Action); 16th Defendant (counterclaim) Absent: Ma Lai-shan; 11th Defendant (original Action); 17th Defendant (counterclaim) Absent: Ma Choy-yuk; 12th Defendant (original Action); 18th Defendant (counterclaim) Absent: Ma Mei-yuk (alias Ma Inn-chun)
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 22 January 1992
Case Number: HCAP6/1988
Procedural Posture: Probate — Will Contest / Judgment (trial Concluded, Judgment Delivered 22 January 1992)
Outcome: The 1986 English Will is proved in solemn form and admitted to probate; the 1986 English Will revokes all prior wills including the 1985 Chinese Will.
Legal Topics: Testamentary Capacity, Knowledge and Approval of Will, Undue Influence, Solemn Form Probate, Charitable Trust
Source Language: EN

Probate Wills and Succession Trusts Equity Civil Procedure Testamentary Capacity Knowledge and Approval of Will Undue Influence +2 more

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Parties

Ma Po-chim

1st Plaintiff (original Action); 1st Defendant (counterclaim)

Joan Ma

2nd Plaintiff (original Action); 2nd Defendant (counterclaim)

Ma Chiu-wan

3rd Plaintiff (original Action); 3rd Defendant (counterclaim)

Ma Leung-ho

4th Plaintiff (original Action) (minor Suing by Father and Next Friend Ma Chiu Wan)

Ma Hung-choi

5th Plaintiff (original Action) (minor Suing by Father and Next Friend Ma Chiu Wan)

Ma Sheung-man

6th Plaintiff (original Action) (minor Suing by Father and Next Friend Ma Chiu Wan)

Ma Pit-chee

7th Plaintiff (struck Out) (original Action); 7th Defendant (counterclaim) Appearing in Person

Ma Fei-fei

8th Plaintiff (original Action)

Mar Lok-shan

1st Defendant (original Action); 1st Plaintiff (counterclaim)

Mar King-tong

2nd Defendant (original Action); 2nd Plaintiff (counterclaim) (minor Suing by Mother Chan Cheuk Fong)

Ma Chiu-kwan

3rd Defendant (original Action); 9th Defendant (counterclaim) Appearing in Person

Ma Wai-leung

4th Defendant (original Action); 10th Defendant (counterclaim) Absent

Ma Mei-lin

5th Defendant (original Action); 11th Defendant (counterclaim) Absent

Ma Mei-ping

6th Defendant (original Action); 12th Defendant (counterclaim) Absent

Ma Mei-chun

7th Defendant (original Action); 13th Defendant (counterclaim) Absent

Ma Chiu-tsan

8th Defendant (original Action); 14th Defendant (counterclaim) Absent

Ma Chi-wai

9th Defendant (original Action); 15th Defendant (counterclaim) Absent

Ma Lai-shan

10th Defendant (original Action); 16th Defendant (counterclaim) Absent

Ma Choy-yuk

11th Defendant (original Action); 17th Defendant (counterclaim) Absent

Ma Mei-yuk (alias Ma Inn-chun)

12th Defendant (original Action); 18th Defendant (counterclaim) Absent

Procedural Posture

Probate — Will Contest / Judgment (trial Concluded, Judgment Delivered 22 January 1992)

Legal Issues

1 Whether the 1986 English Will was the deceased's last will
2 Whether the deceased had testamentary capacity when executing the 1986 English Will
3 Whether the deceased knew and approved the contents of the 1986 English Will

Ratio Decidendi

Court Disposition

The 1986 English Will is proved in solemn form and admitted to probate; the 1986 English Will revokes all prior wills including the 1985 Chinese Will.

Orders

Pronounce probate on the 1986 English Will and revoke the 1985 Chinese Will
Order Nisi for costs in this action against the 1st, 2nd and 3rd plaintiffs in favour of the 1st and 2nd defendants and Madam Ma Pit-chee